Last day worked?


#1

Background: I’m a Heavy Equipment Tech (mechanic) in the oilsands where everything is super safety sensitive. 2009 I am diagnosed with spinal stenosis and experience neck and shoulder pain. In Dec. 2013 I was pulled from the floor due to legal dispute over my medications between union and company. I was given modified duties off and on for the following 2 years but kept on payroll as full time. This was stopped in Jan. 2016 when I was hospitalized for an (arguably) unrelated condition and I was transitioned to LTD. Since then, I have had a few short spurts of modified duty again but all have failed and I am now filling out CPP-D.

So here’s my question: What do I consider my last day worked at my previous job?
Is it a) when they pulled me from the floor?
Or b) when I was in the hospital and I was put on LTD?
Or c) the last day I worked a modified shift?

There’s lots of variables in play here and I am finding it a real poser. I think I know the answer is b) but I am not certain.

Thank you


#2

My GUESS is Dec 2013.
That’s when you left your job to start a modified job.
Seems logical to me.


#3

I kept full status as mechanic on payroll for two years after that date even though I was not performing the duties of one. ie. I was a mechanic on paper only.

There is one kink that I forgot. We have Short Term Disability that bridge the 100 days before LTD kicks in so that gives me another date to work with.

Jammer, I love your insights. :wink:


#4

Same for me.

So you got 2 years on the payroll and then the STD bridge before LTD?

Were you AT WORK during this time?
If you weren’t at work then I would put the date you left work.
If you were at work but not doing mechanic duties, I would put the day you stopped working BUT I seem to recall @David_Brannen said somewhere that you should put the day you became injured.
I’m really unsure if you were at work but not as a mechanic.


#5

Dates for each:
Last day mechanic - Dec. 2013

Last day modified duty full time - Jan. 2016 (CPP paid)

Short term disability Jan - May 2016 (CPP paid)

Start LTD (SL) May 2016

Between May 2016 and Feb 2018 were 4 failed return to work attempts ending Feb 2018 (CPP paid for time worked)

Knowing that I can miss CPP-D if I’m a few months too late, this is/was the gist if the question. Anything but the last attempt to return to work puts me out of the running.


#6

I agree, I would put b.
Maybe phone Service Canada and ask them what they think.


#7

For purposes of the CPP application, the last day worked is a bit more nuanced. Is it the last actual day you worked (which could include a failed return to work) or is it the last day when you were capable of gainful employment. I always argue for the second interpretation. Generally speaking your last day will line up with the last day worked used by the STD or LTD insurer, unless there is a compelling reason to use an earlier date.


David Brannen

Disability Lawyer with Resolute Legal

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